Terms of Service

Last Updated: April 25, 2024

Welcome to Codex Kit, These Terms of Service (hereinafter referred to as the "Terms" or "Terms of Use" or "Terms & Conditions") shall govern the relationship between our company and you. This website is owned and operated by:

Business Name: CodexKit Inc
Registered Office: PO Box 99192, Vancouver RPO Davie, BC, V6G 0B7
(here simply referred to as "Company" "CodexKit", or "Codex Kit" or "us" or "our" or "we").

You are here simply referred as "you" or "your" or "user" or "users" or "customers"

These Terms shall govern your use of https://www.codexkit.com/
(hereinafter referred to as the "website" or "webapp" or "Site" or "Platform").

Codex Kit provides a unique service aimed at helping authors and enthusiasts digitize and create digital guidebooks for various outdoor activities, particularly climbing. Users must subscribe to access the digital guidebooks on our platform. This subscription grants them access to a wide range of guidebooks and the latest updates provided by authors.
(hereinafter referred to as the "service")

Please read these Terms carefully, as these, along with our License Agreement, and Privacy Policy statement forms the entire agreement between you and Codex Kit. Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. If you do not accept these Terms in its entirety, then you may not use the website, or avail any of our services.

1. Acceptance of the Terms of Service

   By accessing or using the website, or by registering an account on our platform, or by engaging with our Services, or by clicking on a button or taking similar action to signify your affirmative acceptance of these Terms, you hereby represent that:

   1. You have read, understood, and agreed to be bound by these Terms and any future updates and additions to these Terms, as published from time to time at the website
   2. You are of sound mind, at least of 18 years in legal age, and otherwise competent to form a binding contract with us. If you are not of the age of majority, then you must have a valid consent of your parents / lawful guardian to use the Services. If you are using the services on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind such entity to these Terms and that such entity agrees to be fully bound by these Terms. By using the Services, you represent and warrant that you meet all of the foregoing eligibility requirements.
   3. We must not have previously disabled your account for violation of law or any of our policies.
   4. You have read, understood, and consented to our License Agreement, and Privacy Policy.

2. Account Registration

   1. Account Registration: To access various parts of the platform, and to avail various services of Codex Kit, you will be required to register and create an account on our platform. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information about yourself. As part of the registration process, you will create a password and an account.
   2. Social Account: You have the option to sign up or log in using your social media accounts such as Apple, Google, Microsoft, Instagram, or Facebook. If you choose to register using social media or other third-party accounts (Google, Apple, Microsoft, Instagram, Facebook), you are permitting us to use and store credentials from the third party to facilitate the registration and login process without any further action on your part. Your relationship with these third-party services is governed separately by your agreements with them.
   3. Account Security: You are responsible for safeguarding the password that you use to access our services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your account. Codex Kit cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
   4. Account Responsibilities: You are solely responsible for all activities that occur under your account, whether or not you know about them. You must notify Codex Kit immediately of any unauthorized use of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
   5. Termination: Codex Kit reserves the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete. You may also terminate your account at any time. Upon termination, you will lose access to all services that require account registration.

3. Allowed Uses of the Platform and Services

   1. Digital Guidebook Creation: You are allowed to create digital guidebooks by converting existing physical guidebooks or by compiling new material. This includes inputting text, uploading images, and embedding GPS data relevant to climbing areas and routes.
   2. Content Upload and Management: You may upload images and enter detailed descriptions, including metadata, for various climbing areas and routes. You are responsible for ensuring that all content you upload is accurate and that you hold all necessary rights to the content.
   3. Editing and Updating Content: As the content owner, you may add, edit, or remove any content you have uploaded to the platform, ensuring that all information remains current and reliable.
   4. Participation in Community Features: Engage with other users, participate in discussions, and contribute to the community knowledge base concerning climbing locations and techniques.
   5. Compliance with Copyright Laws: You must ensure that all content uploaded to the platform is either your original work or content for which you have obtained the necessary rights or permissions to use and share. It is strictly prohibited to upload content that infringes upon the copyrights or other intellectual property rights of others
   6. Content Approval: All content uploaded to the platform is subject to approval by Codex Kit before being published. This process is designed to ensure that the content meets our standards for quality, accuracy, and adherence to copyright laws. Additionally, Codex Kit may takedown any content from its platform at any time, if it suspects the violation of copyright, applicable law, or on receipt of a content takedown notice.
   7. Directions of Use: You must follow any and all guidelines or policies or directions of use as associated with each of the services on the platform
   8. Personal Information: Whenever prompted, you must provide us with the correct, accurate, and updated information. These will be handled in accordance with the Privacy Policy statement posted on our website.
   9. Material: : For the purposes of these Terms, "material" shall mean any text, guide, video, graphics, content, platform, sound material, published on the website or App, whether a copyright of Codex Kit, its licensors or any third party. (Unless stated otherwise) You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on the website. Unless stated otherwise, you must not reproduce any part of the website or the material or transmit it to or store it in any other website or disseminate any part of the material in any other form, unless we have indicated that you may do so. However, you are allowed to use the content so generated by you using our platform in such form and manner as allowed in these Terms

4. Prohibited Uses

   1. Users are strictly prohibited from uploading content to which they do not hold sufficient rights. This includes reproducing, distributing, or displaying content that is protected by copyright without obtaining permission from the copyright holder. Violation of this policy can result in immediate termination of your account and legal action.
   2. It is forbidden to upload false, misleading, or inaccurate content about any climbing area, route, or any other related information. This can endanger other users and degrade the quality of the guidebooks provided. Users found spreading misinformation may face account suspension or termination.
   3. Users must not upload files that contain viruses, worms, Trojan horses, or any other harmful programs or scripts. This prohibition extends to any content or action that may compromise the security of the platform or its users.
   4. Engaging in harassment, abuse, or any other behavior that intimidates or creates a hostile environment for other users is not allowed. This includes using the platform to promote hate speech, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
   5. Users are prohibited from attempting to gain unauthorized access to the platform's backend, servers, or databases. Activities such as hacking, password mining, or other means of obtaining unauthorized access to other accounts, computer systems, or networks connected to the platform are not allowed
   6. The App and its features are intended for personal, non-commercial use only. Any attempt to use the App or its content for commercial purposes without explicit permission from the Company is prohibited.
   7. Misusing account features, including the creation of fake profiles, impersonation of other individuals, or any attempt to bypass system restrictions, is prohibited.
   8. The use of Codex Kit for any illegal purposes or to promote illegal activities is strictly prohibited. This includes any actions that violate local, national, or international laws.
   9. Creating multiple accounts or engaging in any activity aimed at abusing promotional offers provided by Codex Kit is forbidden.
   10. Harassing, bullying, or posting hateful content towards other users or engaging in any form of cyberbullying through the App or related community channels is not allowed.
   11. Using the App in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the App, or that could damage, disable, overburden, or impair the functioning of the App in any manner, is forbidden.
   12. Posting or sharing personal information of others without their explicit consent is not allowed. This includes sharing of private communication, personal data, or images.
   13. You cannot breach or circumvent or attempt to break or circumvent our authentication and security processes and measures of our systems or networks.
   14. You cannot reverse engineer or try to reverse engineer any of the proprietary/ intellectual property aspects of, including but not limited to the services, software, our platforms, networks, systems, etc., wholly or in part.
   15. You must not misuse or interfere with the Services or website or try to access them using a method other than the interface and the instructions that we provide. You may use the Services only as permitted by law and as per the directions provided by us.
   16. You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
   17. You cannot access, use, or tamper with the non-public areas of any of our software, platforms, networks, or our systems.
   18. You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.
   19. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website, without our express written consent

5. Intellectual Property

   1. Ownership of Content and Services: All materials provided on Codex Kit, including but not limited to text, graphics, logos, images, as well as the compilation thereof, and any software used on the site, are the property of Codex Kit or its suppliers or licensors, and are protected by copyright, trademark, and other intellectual property laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content, in whole or in part, found on the platform without the express written consent of Codex Kit.
   2. Use of Codex Kit Content: The Content provided on Codex Kit is available to you for your information and personal use only. It is not allowed to be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. The Company reserves all rights not expressly granted in and to the website and the Content.
   3. User-Generated Content: When you upload or post content to Codex Kit, you retain all rights to your content. However, by submitting content, you grant Codex Kit a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the service provided by the platform and across different media including to promote the site or the service.
   4. Protection of Intellectual Property: The Company respects the intellectual property rights of others and expects users of the App to do the same. The Company may, in appropriate circumstances and at its discretion, disable or terminate the accounts of users who may be repeat infringers.
   5. User Feedback: Any feedback you provide to the Company will be considered non-confidential and non-proprietary. By providing any feedback, you grant Codex Kit and its affiliates a perpetual, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
   6. Protection of Intellectual Property: Codex Kit respects the intellectual property rights of others and expects users of the platform to do the same. We have a policy of removing, or disabling access to, material that is claimed to be infringing or to be the subject of infringing activity. We also terminate the accounts of repeat infringers in accordance with the applicable law. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the necessary information in writing to enable us to address the issue.

6. Privacy

   In order to see what personal and non-personal information we collect and how we use or store or share the same, please refer to the detailed Privacy Policy statement available on our website.

7. Payment

   1. Subscription Fees: Codex Kit operates on a subscription basis, meaning users must pay a fee to access certain content and features on the platform. The specific details regarding subscription options, including the costs and benefits of each subscription level, are provided during the registration process and within your account settings. You are responsible for all charges incurred under your account.
   2. Accepted Forms of Payment: We accept several methods of payment, including major credit cards, debit cards, and various online payment platforms. Depending on your location, additional payment methods may be available and will be listed on our payment page. You must ensure that all payment information is current, complete, and accurate, and you must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, card number, or expiration date).
   3. Automatic Renewal and Billing: Unless otherwise stated in the terms of your subscription, subscriptions will automatically renew at the end of the applicable subscription period, unless you cancel your subscription before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period. We will charge the subscription fee for the next period to the payment method you have provided to us during your registration, or to a different payment method if you change your account information.
   4. Cancellation and Refund: To see the terms of our cancellation and refund, please refer to our Cancellation & Refund Policy posted on our website

8. Links to Third-Party Platforms

   The website might contain links to third-party websites or services. For example, the website works with third party payment service providers to provide you the most convenient payment options. Such third-party links are not under the control of Codex Kit, and Codex Kit is not responsible for any third-party links. Codex Kit provides access to these third-party links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third-party links. You shall use all third-party links at your own risk, and should apply a suitable level of caution and discretion in doing so. Whenever you click on such links, you may be taken to such a third-party website, and you get out of the jurisdiction of our website. Therefore, you shall be governed by the legal policies of such third-party websites and we suggest that you read those policies. In case of any damage due to such action of third-party links or inaccuracy of content or wrong information, Codex Kit shall not be responsible.

9. Disclaimer

   By using Codex Kit, users acknowledge and agree to the following disclaimers:

   1. Assumption of Risk: Climbing and other related activities are inherently risky, and participating in such activities carries the risk of physical injury or death. Codex Kit is not liable for any injuries, damages, or losses resulting from participation in any activity organized or discussed on the platform. Users are responsible for assessing their own skills, the conditions of their activities, and the inherent risks of climbing or other activities discussed on the platform.
   2. No Warranties for Services: Codex Kit provides its platform and services on an "as is" and "as available" basis without any warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the platform will always be secure, error-free, or timely; nor do we guarantee that the platform will always function without disruptions, delays, or imperfections.
   3. No Endorsement of Content: Codex Kit does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content posted on the platform or endorse any opinions expressed therein. Users understand that by using the platform, they may be exposed to content that might be offensive, harmful, risky, inaccurate or otherwise inappropriate. Codex Kit is not responsible for the content, quality, or the level of service provided by the users or its content. We cannot ensure the accuracy or completeness of any content or information sold by or through the platform.
   4. No Liability for User Interactions: Any interactions or transactions between you and any other user or third party found on or through our platform are solely between you and the other user or third party. Codex Kit shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
   5. Limitations on Availability: The platform may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Codex Kit is not responsible for any delays, delivery failures, or other damage resulting from such problems.
   6. Compliance with Laws: Users are responsible for ensuring that their use of the platform complies with all applicable laws and regulations. Codex Kit does not guarantee that the use of its services will comply with all applicable laws and regulations in your jurisdiction.

10. Limitation of Liability

    1. General Limitation: To the fullest extent permitted by law, Codex Kit ( "Company" ), its owners, directors, employees, partners, agents, suppliers, or affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, physical or mental harm, medical expense, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Codex Kit platform or its services; (ii) any conduct or content of any third party on the Codex Kit platform; (iii) any content obtained from the Codex Kit platform; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not the Company has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
    2. Applicable Law Exceptions: Certain jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this section may not apply to you if you are located in such jurisdictions. In such cases, Codex Kit's liability will be limited to the greatest extent permitted by law.

11. Legal Action

    If you are found to be degrading, tarnishing, maligning the image, goodwill, or reputation of Codex Kit by spreading hate, insulting, false, fake reviews or engaging in mala fide actions against the above, strong legal actions will be taken immediately.

12. Indemnification

    You acknowledge to defend, indemnify, and hold Codex Kit, its affiliates, subsidiaries, directors, officers, employees, agents, partners, and any other licensors (hereinafter referred to as "Indemnification Party") harmless from and against any claim, disputes, fine, liability, demand, or expense, including reasonable legal counsel's fee, made by a third party, relating to, or arising from:

    1. Your violation of ours or any third-party right;
    2. Your wrongful or improper use of our services, or platform;
    3. Your violation of any applicable laws, rules, or regulations;
    4. Your violation of these Terms or any other policy of ours as associated with our services;
    5. The indemnifications set forth above will survive the termination or expiration of these Terms and/or your use of our services.

13. Governing Law and Dispute Resolution

    1. Governing Law: The Terms and any dispute arising from the same will be governed by applicable laws of the state of British Columbia (Canada), except for its conflict of law provisions.
    2. Exclusive Jurisdiction: All disputes must first be attempted to be resolved amicably, failing which, such controversy, conflict or dispute shall be finally settled by bringing it exclusively before the appropriate courts or tribunals located in Vancouver, Canada.
    3. Statutory Rights: This Section shall in no way override the rights available to you under the applicable laws of your jurisdiction.

14. Notices

    When you use the website or send emails to Codex Kit, you are communicating with us electronically. You consent to receive physically or electronically any communications related to your use of this website. Codex Kit will communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. We may give notice by means of a general notice via electronic mail to your email address as available with us. If you want to give a notice to us, you can do so by dropping an electronic mail via our contact form.

15. Miscellaneous

    1. Independent Legal Advice: It is your obligation to obtain independent legal advice at your own expense to ensure you understand the provisions of these Terms.
    2. Headings: The section headings are for convenience only and shall not control or affect the meaning or construction of any provision of these Terms.
    3. Breach: In case of any breach or threatened breach to the provisions of these Terms, we reserve the right to suspend your access to our platform or our Services, at our sole discretion. In such cases, you will not be entitled to any refund or compensation for any amount paid by you.
    4. Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these Terms will continue in full force and effect.
    5. Waiver: Our failure to insist on or enforce strict performance of these Terms of Service shall not be construed as a waiver by us of any provision or any right that we have to enforce these Terms and nor shall any course of conduct between Company and you or any other party be deemed to modify any provision of these Terms.
    6. Survival: Notwithstanding any other provisions of these Terms of Service, or any general legal principles to the contrary, any provision of these Terms of Service that imposes or contemplates continuing obligations on either party shall survive the expiration or termination of these Terms of Service, for any reason whatsoever.
    7. No Third-Party Beneficiaries: Except as otherwise expressly provided in these Terms of Service, there shall be no third-party beneficiaries to these Terms of Service.
    8. No Assignment: Users may not assign these Terms of Service (or any rights, benefits, or obligations hereunder) by operation of law or otherwise without the prior written consent of Codex Kit, which may be withheld at Codex Kit's sole discretion. Any attempted assignment that does not comply with these Terms of Service shall be null and void.
    9. Entire Agreement: The Terms of Service, License Terms, Cancellation & Refund Policy, and Privacy Policy, and any additional terms and conditions incorporated herein or referred to herein constitute the entire agreement between Codex Kit and you, relating to the subject matter hereof, and supersedes any prior understanding or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on our website.
    10. Force Majeure: Codex Kit and its third-party service providers will be excused from performance for any period during which, and to the extent that, such party or any subcontractor is prevented from performing any obligation or service, in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, acts of God, communication line failures, technical issues, bugs, errors, power failures and/or similar inabilities.
    11. Updates to these Terms: Please note, these Terms may be updated from time to time. Changes are effective immediately upon posting to our website. Your continued use of our Services following the posting of revised Terms means that you accept and agree to the changes. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of our Services.

16. Grievance Officer/Designated Representative

    In the event you have any grievance regarding anything related to these Terms of Service or License Agreement, or Privacy Policy, or with any content or service of Codex Kit, in that case you may freely write your concerns to the Grievance Officer/Designated Officer at below:

    • Name: Stuart Martin
    • Contact: Via contact form
    • Postal:
      Codex Kit
      PO Box 99192, Vancouver RPO Davie,
      BC, V6G 0B7, Canada

17. Feedback and Information

    We welcome your questions or comments regarding the Terms. You can contact us at any time